MINUTES OF
Board of Regents
of
Stephen F. Austin State University
VOLUME NO. 31
January 31, 1976
Nacogdoches, Texas
INDEX
Minutes of the Meeting
Stephen F. Austin State University
Board of Regents
held in Dallas, Texas
VOLUME NO. 31
January 31, 1976
Page
76- 1 Approval of Minutes of October 25, 1975 31-2
76- 2 Faculty and Staff Appointments 31-2
76-3 Resignations 31-3
76-4 Changes in Status 31-3
76- 5 Promotions 31-5
76- 6 Retirements 31-5
76- 7 Authorization for Budget Adjustments (1975-76) 31-6
76- 8 Approval of Contract - Security Building 31-6
76-9 Approval of Change Orders 31-24
76-10 Approval of Contract - Science Building Renovations 31-24
76-11 Approval of Contract - Drainage Improvements 31-34
76-12 Agreement for Architectural Services 31-50
76-13 Approval of Contract - Drainage Improvements to
Coliseum Parking Lot 31-73
76-14 Approval of 1976-77 Room and Board Rates 31-81
76-15 Authorization to Make Repairs and Renovations
to Dormitories 31-83
76-16 Adoption of Vacation and Sick Leave Policy 31-83
76-17 Authorization to Seek Approval of Coordinating
Board for Construction of Greenhouse 31-83
76-18 Naming of University Library 31-83
76-19 Acceptance of Collection of Cut Glass 31-83
76-20 Approval of Curriculum Changes 31-84
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD IN DALLAS, TEXAS
January 31, 1976
The meeting was called to order by Walter C. Todd, Chairman
of the Board of Regents, at 10:00 a.m. January 31, 1976.
PRESENT:
Members: Walter C. Todd of Dallas
Robert C. Gray of Austin
Peggy Wedgeworth Wright of Nacogdoches
Homer Bryce of Henderson
James I. Perkins of Rusk
Mrs. George Cullum, Jr. of Dallas
Glenn Justice of Dallas
Ernest Powers of Carthage
ABSENT: Joe Bob Golden of Jasper
PRESENT: C. G. Haas, Secretary of the Board
Dr. R. W. Steen, President of the University
76-1
Upon motion of Regent Perkins, seconded by Regent Wright, with all members
voting aye, xt was ordered that the minutes of the mefting of October 25
1975, be approved. '
76-2
Upon motion of Regent Perkins, seconded by Regent Gray, with all members
voting aye, it was ordered that the following individuals be employed for
the positions, dates, and salaries indicated:
1. Applied Arts and Sciences
Ms. Shirley E. Rose, 39, Ed.D. (University of Houston), Visiting Pro
fessor (25-0 time) of Applied Arts and Sciences at a salary rate of
$1,000 for the Spring Semester, 1976.
2. School of Forestry
Mr Billy J. Earley, 40, L.L.B. (University of Texas), Lecturer (25%
1976 ^1F0restiy at a salary rate of ^»5°0 ^r the Spring Semester,
Mr. Lowell K. Halls, 58, M.S. (Texas ASM University), Lecturer (25%
time) m Forestry at a salary rate of $1,500 for the Spring Semester,
1976, only. '
Mr. Chris Bob LeDoux, 26, M.S. (Oregon State University)
Instructor of Forestry at a salary rate of $6,000 for the Spring Semes
ter, 1976, only.
3. Student Affairs Division
Ms. Evelyn M. Burkhead, 34, Secretary, Director of University Center
1976 SS rate °f $6'3°° f°r tW6lVe months' effective January 1,
Mr. Gary C. Wilson, 26, Games Area Manager, University Center at a
salary rate of $5,900 for twelve months, effective January 1, 1976.
Ms Susan K. Scoles, 22, Craft Shop Manager, University Center, at
a salary rate of $7,200 for twelve months, effective January 14, 1976.
4. Intercollegiate Athletics
Mr. Charles Simmons, 44, M.Ed. (Stephen F. Austin State University)
Athletic Director and Head Coach at a salary rate of $23,000 for twelve
months, effective January 8, 1976.
5. University Computer Center
31-2
Ms. Sarah ,J. Thomas, 23, B.S. (Stephen I'. Austin State University),
Protfr.'immer, University Computer Center, at n snlary rate of ,$9,200
for twelve months, effective October 20, 1975.
76-3
Upon motion of Regent Perkins, seconded by Regent Wright, with all mem
bers voting aye, it was ordered that the following resignations be ac
cepted:
1. Department of English and Philosophy
Ms. Annette S. Dawson, Instructor of English, effective December
31, 1975. Ms. Dawson has completed her temporary contract.
Ms. Melissa M. Freeman, Instructor of English, effective December
31, 1975. Ms. Freemen has completed her temporary contract.
2. Department of Home Economics
Ms. Carolyn S. Voigtel, Nursery School Assistant (50% time), ef
fective December 31, 1975. Ms. Voigtel resigned for personal reasons.
3. Student Affairs Division
Dr. Robert Carroll, University Physician, effective December 31,
1975. Dr. Carroll is going into private practice.
Ms. Dianne M. Clark, Secretary, Director of University Center, ef
fective January 1, 1976. Ms. Clark is moving to Midland.
Ms. Janice W. King, Student Development Secretary, effective January
5, 1976. Ms. King is resigning for personal reasons.
Ms. Heather L. White, Craft Shop Manager, University Center, ef
fective January 29, 1976. Ms. White is moving to Houston.
4. University Computer Center
Ms. Charlene P. Mangham, Programmer, University Computer Center,
effective September 30, 1975. Ms. Mangham was married during the
summer and moved away from Nacogdoches.
5. Physical Plant
Mr. Arthur A. Bates, Landscape Planning Foreman, effective August 1,
1975. Mr. Bates has accepted employment elsewhere.
76-4
Upon motion of Regent Justice, seconded by Regent Powers, with all members
voting aye, it was ordered that the following changes in status be approved:
31-3
1. Department of Computer Science
Mr. Fred H. Fisher, from Manager of Operations in University Com
puter Center to Instructor of Computer Science (50% time) and
Manager of User Services in University Computer Center (50% time!
1976 ^ ^^ °f $17'50° f°r tW6lVe m0"thS' effective January 12,
2. School of Forestry
Dr. William T. McGrath, Associate Professor of Forestry, from a
salary rate of $14,750 for nine months to $15,750 for nine months
to adjust to authorized minimum Associate Professor faculty rate.
Mr. Ronald D. Montgomery, from Graduate Teaching Assistant in
forestry to Graduate Interne in Forestry at a salary rate of $9 000
for nine months for the Spring Semester, 1976, only.
3. Department of History
Dr. Robert S. Maxwell, Professor and Head, Department of Historv,
to extend his present 75% assignment through the Spring Semester,'
1976, to allow Dr. Maxwell continued participation in the NEH
sponsored project and the Forest History Society to write a Bicen
tennial History of the American Forests and Forestry.
4. Department of Sociology
Dr. Joy B. Reeves, from Assistant Professor of Sociology (50%
Y^V at f Salary rate of $7>2S0 t0 Assistant Professor Sociology
(50-o time) and Administrative Interne (50% time) at a salary rate
of $14,500 for the Spring Semester, 1976, only.
5. University Computer Center
Mr. Billy J. Click, from Acting Director of University Computer
Center at a salary rate of $22,000 for twelve months to Director
of University Computer Center at a salary rate of $23,000 for twelve
months, effective January 1, 1976.
Mr. Ben P. Covin, from Systems Analyst at a salary rate of $12 300
7a IZ f m°nthS t0 Manager of Operations at a salary rate of '
14,200 for twelve months, effective January 13, 1976.
6. Physical Plant
Mr. Carroll Joseph Bonnette, from hourly employee as an electrician,
to an electrical crew foreman, effective November 25, 1975 at a
salary rate of $11,750 for twelve months.
31-4
76-5
Upon motion of Regent Perkins, seconded by Regent Powers, with all mem
bers voting aye, it was ordered that the following promotions be approved:
1. Department of Sociology
Dr. Richard P. Hurzeler, from Instructor to Assistant Professor
Dr. Connie L. Spreadbury, from Instructor to Assistant Professor
of Sociology at a salary rate of $13,750 for nine months, effective
Spring Semester, 1976. (Dr. Hurzeler and Dr. Spreadbury have com
pleted all work toward the Ph.D. degree and have been recommended
by their dean and department head.)
76-6
voting" °f Re*ent/ei*inus> seconded by Regent Cullum, with all members
voting aye, it was ordered that the following retirements be accepted:
1. Department of Modern Languages
f M0<tonl
2. Student Affairs Division
*"* Manager' diversity Center, effective
31-5
Account No. Account Name
1. (1201-9000) Phy.Pl. Gen. Serv.
2. (5500-9000) Pledg. P. Gen. Serv
3. (5500-9000) Pledg. P. Gen. Serv.
4. (5500-5000) Pledg. P. Gen. Serv.
5. (5500-5000) Pledg. P. Gen. Serv.
6. (6310-9000) Constr.Security Bldg.
7. (5245-9000) E.Tex. Country Fair
8. (5612-9001) Laundry Vending
Garbage Truck
Garbage Truck
Garbage Truck
Opr. Exp.
Hourly Labor,
Garbage Truck
Staff
Housing Adm.,
Housing Students
Off Campus
Furniture and
Equipment
Operating Expense
New Rental
Refrigerators
$12,000 E§G Surplus
$13,500 P.P. Surplus
$ 1,000 P.P. Surplus
$12,000 P.P. Surplus
$13,000 P.P. Surplus
$10,000 Plant Funds
$20,000 Admissions
$12,197 P.P. Surplus
: set-to
sign tJe contract authorized
31-6
CONTRACT
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES ^ ^ ^ BY ™ESE PRESENTS
THIS AGREEMENT, made this the Seventh day of November, 1975
by and between the BOARD OF REGENTS, STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES . TEXAS . acting herein through its
President, hereinafter called "Owner" and
R. G. MUCKLEROY, JR. CONTRACTOR, NACOGDOCHES, TEXAS
hereinafter called "Contractor".
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
"UNIVERSITY SECURITY BUILDING "
prepared by Kent-Marsellos-Scott, Architects-Engineers,
Lufkin, Texas acting as and in these Contract Documents entitled the
Architect; and shall do everything required by this Agreement, the
"General Conditions" of the Contract, the Drawings and the Specifications .
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
31-7
form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated. The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled UNIVERSITY SECURITY
BUILDING, STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS, sheet and section numbers as listed in Paragraph 1.1 of
"Supplementary Conditions"; and the following:
Addendum No. 1 - Pages 1-5, dated October 3, 1975
Addendum No. 2 - Pages 1-3, dated October 6, 1975 &
Details SME-1, SE-2, 15B-9.3
Addendum No. 3 - Page 1, dated October 9, 1975
Addendum No. 4 - Page 1, dated October 10, 1975
1. This Contract is to cover the General Contract Work,
Plumbing, Heating and Air Conditioning and Electric Work, com
plete . The said Drawings, and each and all of said Specifications and
"General Conditions" are made apart of this Agreement for all
intents and purposes; provided that if anything in the said
"General Conditions" of the Contract is in conflict with this
Agreement; this Agreement shall control and govern.
31-8
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and his
determination of the true meaning and proper construction of the
Specifications shall be considered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order", and
shall be fully completed within 150 consecutive calendar days
thereafter. The Contractor further agrees to pay as liquidated
damages the sum of $150.00 per day for each consecutive calendar
day thereafter the work remains unfinished as specified in Paragraph
1.41 of "Supplementary Conditions" and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
the sum of ONE HUNDRED THIRTY NINE THOUSAND, SIX HUNDRED
NINETY NINE AND NO/100
out of General Fee Bond Proceeds and other funds available to the
Owner for expenditure for the use and benefit of Stephen F. Austin
State University
The basis of the above contract price is as follows:
Base Bid - $139,699.00
31-9
10
as
The Owner shall make payments on account of the Contract
provided therein as follows: On or about the last day of each month
ninety percent (90%) of the value, based on the Contract Price of
labor and materials incorporated in the work and of materials
suitably stored at the site thereof up to the first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
31-10
11
has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been paid.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1. That Contractor shall faithfully perform his
Contract and fully indemnify and save Owner harmless
from all costs and damages which may be suffered by
reason of failure to do so, and fully reimburse and re
pay Owner all outlay and expense which Owner may incur
in making good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
31-11
12
Surety Companies shall be on approved list of U. S .
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds" and within the
Underwriting limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance and Auto-mobile
Liability Insurance: In an amount not less than
$300,000.00 for injuries, including personal injury or
accidental death
31-12
13
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground
property damage) . Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions". The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with
the following limits:
1. Bodily Injury
$300,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$100,000.00 (each occurrence)
$300,000.00 Aggregate
e) Completed Operations: Continue coverage in force for
one year after completion of work.
31-13
14
0 Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
31-14
15
For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor ' £lt3CC>.C>0
Materials <g<g^I*}, OO
Total $ 139,699.00
31-15
16
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL
By.
BOARD OF REGENTS
STEPHEN F . AUSTIN STATE UNIVERSITY
By 7 0/1
SEAL
R. G. MUCKLEROY , JR. CONTRACTOR
P.O. DRAWER 1401
NACOGDOCHES , TEXAS 75961
Address
READ AND EXAMINED:
By I
Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms . Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
31-16
:ii BOND
(To 1)0 used in Texas as required by Chapter 93 of the
Ue^ul;ir Session of the 56th Legislature of Texas)
Till! STATI. Ol; Texas
COUNTY ()l; Nacogdoches
KNOW A.... M.iN BY TNI'SK PRESfiNTS: That we (1) ** G' ***"«»♦ JR'' CONTRACTOR
of (2) an individual hereinafter called
Principal and (3) Fidelity and Deposit Company of Maryland of
Houston State of Texas
hereinafter called the Surety, are held and firmly bound into (4)b0ARD OF REGENTS,
Stephen F. Austin State University of Nacogdoches, Texas
hereinafter called Owner, in the penal sum of One Hundred Twenty Three Thousand,
Nine Hundred Fifty Five and 32/100 —
DOLLARS ($ 123,955*32 ), in lawful money of the United States,
to bo paid in (5) Nacogdoches, Texas ,
for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators and successors, jointly and severally, firmly
by these presents.
Till: CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain Contract with (6) Stephen F. Austin State University,
BOARD OF REGENTS ,
the Owner, dated the 7th day of November , A. D., 19 75, a copy
of which is attached hereto and made a part hereof for the construction of:
.__ University Security Building
(Herein called the "Work").
31-18
19
NOW, THEREFORE, if the Principal shall well, truly and faithfully
per In mi the work in accordance with the Plans, Specifications and Contract
Documents during the original term thereof, and any extensions thereof
which may he granted l>y the Owner, with or without notice to the Surety,
ami, if he shall satisfy all claims and demands incurred under such Contract,
and shall fully indemnify and save harmless the Owner from all costs and
damages which it may suffer by reason of failure to do so, and shall reimburse
and repay the Owner all outlay and expense which the Owner may incur in making
good any default, then this obligation shall be void; otherwise to remain
in full force and effect.
NOW, THEREFORE, if the Principal shall repair any and all defects in
said work occasioned by and resulting from defects in materials furnished
by, or workmanship of the Principal in performing the work covered by said
Contract, occurring within a period of twelve (12) months from the date of
the Contract Completion Certificate, then this obligation shall be null and
void, otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond
venue shall lie in Nacogdoches County, State of
Texas and that the said Surety, for value received hereby stipulates and
agrees that no change, extension of time, alteration or addition to the
terms of the Contract or to the work to be performed thereunder or the
Specifications accompanying the same shall in any wise affect its obligation
of this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of the Contract or to the work
or* to the Specifications.
PROVIDED, HOWnVHR, that this bond is executed pursuant to the provisions
of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts
of the S()th Legislature, 1959, and all liabilities on this bond shall be
determined in accordance with the provisions of said Article to the same
extent as if it were copied at length.
IN WITNfiSS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the Seventh
day of November , A. D. 19 75 .
ATTEST:
R. G. MUCKLEROY, JR«., CONTRACTOR
Principal
(Pr ine i pa 1 ) Secretary
tr|c/S.f as to Principal
31-19
AT'H.ST:
20
**A D«pe»lt Co, of M£«
Surety
(Si j r c { y ) Sec r e I a r y ,
BY:
Wi t doss ;is to Surety
AiKI r'ess
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
BY:
Assistant Attorney General
NOTIi: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(7>) Correct name of Surety
(4) Correct name of Owner
(5) County of Parish and State
(()) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
31-20
21
IVVYMIiNT BOND
(Tu \)c used in Texas a s required by (,'hapter {YT> of
\\w Regular Session of the .Sot h Legislature of Texas)
Tin; :;tati; oi-
COUNTY ()!•' Nacogdoches
KNOW ALL M!;N BY TllliSli PRESENTS: That we (1) R* G* MUCKLEROY, JR., CONTRACTOR
an individual
of Nacogdoches, Texas
hereinafter called Principal and (3) Fidelity and Deposit Co. of Maryland
»f" Houston , State of ?«>**« hereinafter
c.-illed the Surety, are held and firmly bound unto (4) Stephen F# Austin
State University of Nacogdoches, Texas , BOARD OF REGENTS.
hereinafter en 1 Icd Owner, unto all persons, firms, and corporations who may
furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of °ne Hundred Twenty Three Thousand,
Nine Hundred Fifty Five and 12/100 DOLLARS ($ 121tQSq^12 )
in lawful money of the United States, to be paid in (5) iW
> for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
Till- CONDTTTON OF THIS OBLIGATION is such that Whereas, the Principal
entered into a certain contract with (6) Stephen F« Austin State University
BOAHD OF REGENTS. , the Owner, datlT
the Seventh day of November , A. D. 19 7? , a copy of
which is hereto attached and made a part hereof for the construction of:
University Security Building
31-21
22
NOW, Tlir.Klil;()UI-., I h<- condition of I h i s obligation i '> such that, if
I In- I'r i \\r i |>.i 1 '.li.i I I prompt \y j/i;jIm! payment to ;i 1 1 claimant*; as defined
in Article* M (>() Revised Civil Statute's of Texas, 192T>, as amended by House
Hill 344, Acts S(>th Legislature, Regular Session, 1959, effective April 27,
1!>!>(.), supplying labor and matcriaJs in the prosecution of the work provided
for in said Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into sc^ely for the protection of all
claimants supplying labor and materials in the prosectuion of the work
provided for in said Contract, and all such claimants shall have a direct
right of action under the bond as provided in Article 5160, Revised Civil
Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVTDED FURTHER, that if any legal action be filed upon this bond,
venue shall lie in Nacogodches County, State of Texas,
and that the said Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of
the Contract or to the work to be performed thereunder or the Specifications
accompanying the same shall in any wise affect its obligation on this bond,
and it does hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the Specifications
PUOVIDl-l) rtJRTIII'R, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneficiary hereunder, whose claim
may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in six counterparts,
each one of which shall be deemed an original, this the Seventh
day of November , A. D. , 19 75-
ATTHST:
R. G. MUCKLEROY, JR., CONTRACTOR
Principal
'(Principal) Secretary BJ )V^V , j'Vj.LL^Mjc. ^^-'"A^
SEAL
Add rcss
31-22
.23
ATTI.M .
( St11*c^t y ) Secretary
Wi t nrss ;is to Surety
Fidelity and •posit Co* of M4<
Surety
BY:
APPROVED AS TO FORM:
ATTORNEY GENERAL OF TEXAS
Add ress
BY:
Assistant Attorney General
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
M) Correct name of Owner
(M County of Parish and State
('(>) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
31-23
24
76-9
Upon motion of Regent Cullum, seconded by Regent Justice, with all members
voting aye, it was ordered that the following Change Orders be approved and
the Chairman of the Board be authorized to sign them.
1. Change Order No. 1 - Shelton Gym Renovation + $io 475 35
2. Change Order No. 4 - Tennis Courts, Streets and '
Parking Lots + $ 2,981.66
76-10
voting °tf Regent,Gra^ seconded ^ Regent Bryce, with all members
voting aye, it was ordered that the contract with Mechanical Specialty Inc
Houston Texas, for $201,898.00 covering the base bid and alternates £ 3 Vand
Board be authorized0^ ^ ^T^ BUildlng be appr°Ved and the Chairman °* the Board be authorized to sign the contract. Source of funds: Sixty-fourth
legislature appropriations. y TOUTZn
31-24
25
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the Thirty First day of January, 1?7<j
by and between the BOARD OF_ REGENTS, STEPHEN F. AUSTIN
STATE UNIVERSITY, NACOGDOCHES, TEXAS, acting herein through its
President, hereinafter called "Owner" and MECHANICAL SPECIALTY, INC.
1155 BRITTMOORE, HOUSTON, TEXAS 77043
hereinafter called "Contractor".
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
"SCIENCE BUILDING RENOVATIONS, STEPHEN F. AUSTIN STATE
UNIVERSITY, NACOGDOCHES, TEXAS"
prepared by Kent-MarseUos-Scott, Architects-Engineers,
Lufkin, Texas acting as and in these Contract Documents entitled the
Architect; and shall do everything required by this Agreement, the
, "General Conditions" of the Contract, the Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Conditions",
the Drawings and the Specifications, together with this Agreement,
31-25
26
form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated. The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled "SCIENCE BUILDING RENOVATIONS,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS11
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions11; and the following:
Addendum No. 1, dated November 21,1975, Pages 1-4
Addendum No. 2, dated December 19, 1975, Page 1
Addendum No. 3, dated December 23, 1975, Pages 1-2
Addendum No. 4, dated December 31, 1975, Pages 1-2
Addendum No. 5, dated January 2, 1976, Pages 1-3
Addendum No. 6, dated January 5, 1976, Page 1
1. This Contract is to cover the General Contract Work,
Plumbing, Heating and Air Conditioning, Electric Work, and
Laboratory Furniture complete. The said Drawings, and each and
all of said Specifications and "General Conditions" are made a part
of this Agreement for all intents and purposes; provided that if
anything in the said "General Conditions" of the Contract is in
conflict with this Agreement; this Agreement shall control and govern.
31-26
27
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and his
determination of the true meaning and proper construction of the
Specifications shall be considered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order11, and
shall be fully completed by August 15, 1976.
The Contractor further agrees to pay as liquidated
damages the sum of $100.00 per day for each consecutive calendar
day thereafter the work remains unfinished as specified in Paragraph
1.40 of "Supplementary Conditions11 and in Proposal.
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
TWO HUNDRED ONE THOUSAND EIGHT HUNDRED NINETY-EIGHT
DOLLARS ($201,898.00) from Legislative Appropriation Funds and
other funds available to the Owner for expenditure for the use and
benefit of Stephen F. Austin State University.
The basis of the above contract price is as follows:
1. Base Bid - $ 139,200.00
2. Alternate No. 2 Add Aquatic Biology + 48,320.00
3. Alternate No. 3 Add Conference 165,
Xerox 162, Sec'y. 161, Adm. Secy. 160 + 5,170.00
4. Alternate No. 6 - Add emergency lights + 3,870.00
5. Alternate No. 7 - Install control air compressor + 5,338.00
Contract Price $ 201,898.00
31-27
28
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the last day of each month
ninety percent (90%) of the value, based on the Contract Price of
labor and materials incorporated in the work and of materials
suitably stored at the site thereof up to the first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
31-28
29
has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been paid.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1. That Contractor shall faithfully perform his
Contract and fully indemnify and save Owner harmless
from all costs and damages which may be suffered by
reason of failure to do so, and fully reimburse and re
pay Owner all outlay and expense which Owner may incur
in making good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
31-29
30
Surety Companies shall be on approved list of U. S .
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds" and within the
Underwriting limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance and Auto
mobile Liability Insurance: In an amount not less than
$500,000.00 for injuries, including personal injury or
accidental death
31-30
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground
property damage) . Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions11. The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with
the following limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
31-31
32
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance; The Owner shall provide Builder's Risk
Insurance (Fire, extended coverage, vandalism and malicious mischief)
as specified in Paragraph 1.6 of Specifications on a 100% completed value
basis in the names of the Contractor, Subcontractors, Owner and
Architect, as their interests appear.
The Owner will purchase and maintain such Steam Boiler Insurance
as may be required by the Contract Documents or by law. This insurance
shall include the interest of the Owner, the Contractor and Subcontractors
as their interests appear.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor 8%, 3$/.
Materials
**
Total $ 201,898.00
33
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL
By_ <f
BOARD OF REGENTS
STEPHEN F. AUSTIN ST^TE UNIVERSITY
SEAL
MECHANICAL SPECIALTY, INC,
1155 BRITTMOORE STREET
HOUSTON, TEXAS 77043
Address
READ AND EXAMINED
Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms . Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
31-33
34
76-11
Upon motion of Regent Gray, seconded by Regent Justice, with all members
voting aye, it was ordered that the contract with Rhonesboro Contractors, Inc.,
Tyler, Texas, for $94,788.00 for the base bid on the drainage improvements to
land adjacent to Lanana Creek be approved and that the Chairman of the Board
be authorized to sign the contract. Source of funds: Sixty-fourth legisla
ture appropriations.
31-34
35
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the Thirty First day of January, 1976
by and between the BOARD OF REGENTS, STEPHEN F\_ AUSTIN
STATE UNIVERSITY, NACQGDQCHES, TEXAS, acting herein through its
President, hereinafter called "Owner11 and RHONESBORO CONTRACTORS, INC.
P.O. BOX 4299, TYLER, TEXAS 75701
hereinafter called "Contractor" .
WITNESSETH, that the Contractor and the Owner for the con
siderations hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the work
shown on the Drawings and described in the Specifications entitled
"DRAINAGE IMPROVEMENTS TO LAND ADJACENT TO LANANA CREEK,
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS"
prepared by Kent-Marsellos-Scott, Architects-Engineers,
Lufkin, Texas acting as and in these Contract Documents entitled the
Architect; and shall do everything required by this Agreement, the
"General Conditions" of the Contract, the Drawings and the Specifications.
2. The "General Conditions" of the Contract, the "Supplementary Conditions" ,
the Drawings and the Specifications, together with this Agreement,
31-35
36
form the Contract, and they are as fully a part of the Contract as
if hereto attached or herein repeated. The following is an enum
eration of the Specifications and Drawings:
Drawings and Specifications entitled "DRAINAGE IMPROVEMENTS
TO LAND ADJACENT TO LANANA CREEK, STEPHEN F. AUSTIN STATE
UNIVERSITY, NACOGDOCHES, TEXAS"
sheet and section numbers as listed in Paragraph 1.1 of "Supplementary
Conditions" .
1. This Contract is to cover the General Contract Work, and
Plumbing Work, complete. The said Drawings, and each and all
of said Specifications and "General Conditions" are made a part
of this Agreement for all intents and purposes; provided that if
anything in the said "General Conditions" of the Contract is
in conflict with this Agreement; this Agreement shall control
and govern.
31-36
37
2. The work called for and included in this Agreement is to be
done under the direction of the Architect above named and his
determination of the true meaning and proper construction of the
Specifications shall be considered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order", and
shall be fully completed by May 1, 1976. The Contractor further
agrees to pay as liquidated damages the sum of $100.00 per day
for each consecutive calendar day thereafter the work remains
unfinished as specified in Paragraph 1.32 of "Supplementary
Conditions" and in "Proposal".
4. The Owner shall pay the Contractor for the performance of the
Contract, subject to additions and deductions provided herein,
NINETY FOUR THOUSAND SEVEN HUNDRED EIGHTY EIGHT AND
NO/100 DOLLARS ($94,788.00)
out of Legislative Appropriation Funds and other funds available
to the Owner for expenditure for the use and benefit of Stephen F .
Austin State University.
The basis of the above contract price is as follows:
$ 94,788.00 - Base Bid
31-37
38
The Owner shall make payments on account of the Contract as
provided therein as follows: On or about the last day of each month
ninety percent (90%) of the value, based on the Contract Price of
labor and materials incorporated in the work and of materials
suitably stored at the site thereof up to the first day of that month,
as estimated by the Architect, less the aggregate of previous
payments; and upon substantial completion of the entire work,
a sum sufficient to increase the total payments to ninety percent
(90%) of the Contract Price provided satisfactory evidence is
furnished that all payrolls, material bills and other indebtedness
connected with the work have been paid. The Owner at any time
after 50% of the work has been completed, if it finds that satis
factory progress is being made, may make any of the remaining
progress payments in full. Final payment shall be due thirty days
after substantial completion of the work provided the work be then
fully completed and the Contract fully performed. Upon receipt of
written notice that the work is ready for final inspection and accept
ance, the Architect shall promptly make such inspection, and when
he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over
his own signature, stating that the work provided for in this Contract
31-38
39
has been completed and is acceptable to him under the terms and
conditions thereof, and that the entire balance found to be due the
Contractor, and noted in the Final Certificate is due and payable.
Before issuance of Final Certificate the Contractor shall submit
evidence satisfactory to the Architect that all payrolls, material
bills and other indebtedness connected with the work have been paid.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price;
on form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1. That Contractor shall faithfully perform his
Contract and fully indemnify and save Owner harmless
from all costs and damages which may be suffered by
reason of failure to do so, and fully reimburse and re
pay Owner all outlay and expense which Owner may incur
in making good any default.
2. That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and materials
save which persons shall have a direct action against
Contractor and the surety on his bond, subject to
Owner's priority.
31-39
40
Surety Companies shall be on approved list of U. S .
Treasury Department of "Companies holding Certificates
of Authority from the Secretary of the Treasury under
the Act of Congress Approved July 30, 1957, as
Acceptable Sureties on Federal Bonds11 and within the
Underwriting limitations listed therein for any single
risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344, Acts
56th legislature, Regular Session, 1959, effective
April 27, 1959.
6. The Contractor shall effect, pay for and maintain during
the life of this Contract insurance acceptable to the Owner,
conforming to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance and Auto
mobile Liability Insurance: In an amount not less than
$500,000.00 for injuries, including personal injury or
accidental death
31-40
41
to any one person, and in an amount not less than
$500,000.00 on account of one occurrence; Property Damage
Insurance in an amount not less than $300,000.00.
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground
property damage) . Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: As applicable to the
Contractor's obligations under Paragraph 4.18 of "General
Conditions11. The Contractor shall obtain at his expense
Owner's Protective Liability Insurance Policy naming
the Owner and the Architect/Engineer as insured with
the following limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
31-41
42
f) Before commencement of operations hereunder, Con
tractor shall furnish to the Architect, photostatic copies
of the above mentioned insurance policies, together with
a certificate from the insurance carrier that the insurance
will not be cancelled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7 . Builder's Risk Insurance: Delete the first sentence of Paragraph 11.3
of General Conditions . The work is entirely at the Contractor's risk
until it is accepted by the Owner, and the Contractor will be held
liable for it's safety to the amount of money paid by the Owner on account of
same. The Contractor may take out Builder's Risk Insurance of the
insurable portion of the project if he desires.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free
and clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor
Materials
Total $94,788.00
31-42
43
IN WITNESS WHEREOF, the parties of these presents have ex
ecuted this Contract in four (4) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
By
RHONESBQRO CONTRACTORS , INC ,
P.O. BOX 4299
TYLER, TEXAS 75701
Address
SEAL
READ AND EXAMINED:
f^ ftlvt/O Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms . Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
31-43
44
PERFORMANCE BOND
(To be used in Texas as required by Chapter 93 of
the Regular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
KNOW ALL MEN BY THESE PRESENTS: That we (j)
Rhonesboro Contractors, Inc.
of (2) Tyler, Texas hereinafter called
Principal and (3) Hanover Insurance Companies of
Worcester ■ State of Massachusetts
hereinafter called the Surety, are held and firmly bound into (4)
BOARD OF REGENTS, STEPHEN F, AUSTIN STATE UNIVERSITY
hereinafter called Owner, in the penal sum of Ninety Four Thousand
Seven Hundred Eighty-eight and no/100
DOLLARS ($ QL.y7a3.00 ), in lawful money of the United
States, to be paid in (5) Nacogdoches County, Texas ,
for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that
Whereas, the Principal entered into a certain Contract with (6)
BOARD OF REGENTS, STEPHEN F, AUSTIN STATE UNIVERSITY,
the Owner, dated the 31st day of January , A. D.,
19 76 , a copy of which is attached hereto and made a part hereof
for the construction of::
31-44
45
(Herein called the "Work11).
NOW, THEREFORE, if the Principal shall well, truly and
faithfully perform the work in accordance with the Plans, Specifications
and Contract Documents during the original term thereof, and any ex
tensions thereof which may be granted by the Owner, with or without
notice to the Surety, and, if he shall satisfy all claims and demands
incurred under such Contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by
reason of failure to do so, and shall reimburse and repay the Owner
all outlay and expense which the Owner may incur in making good any
default, then this obligation shall be void; otherwise to remain in full
force and effect.
NOW, THEREFORE, if the Principal shall repair any and
all defects in said work occasioned by and resulting from defects in
materials furnished by, or workmanship of the Principal in performing
the work covered by said Contract, occurring within a period of two
(2) years from the date of the Contract Completion Certificate, then
this obligation shall be null and void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, That if any legal action be filed upon
this bond venue shall lie in Nacogdoches
County, State of Texas and that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract or to the work to
be performed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation of this bond, and it does hereby
waive notice of any such change, extension of time, alteration or addi
tion to the terms of the Contract or to the work or to the Specifications.
PROVIDED, HOWEVER, That this bond is executed pursuant
to the provisions of Article 5160 of the Revised Civil Statutes of Texas
as amended by Acts of the 56th Legislature, 1959, and all liabilities
on this bond shall be determined in accordance with the provisions of
said Article to the same extent as if it were copied at length.
31-45
46
IN WITNESS WHEREOF, this instrument is executed in four
counterparts, each one of which shall be deemed an original, this
the
21st
ATTEST:
day of January A .D., 19 76
Rhonesboro Contractors, Inc.
Principal
by
(Principal T Secretary
/ i, / ' i
Vice Preq^dent
SEAL
Witnesses to Principal )
(Address)
ATTEST:
(Surety) Secretary
Hanover Insurance Companies
BY
Attorney-in-Fact '/
John F. Haynes
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
31-46
PAYMENT BOND 47
(To be used in Texas as required by Chapter 93 of
the Itegular Session of the 56th Legislature of Texas)
THE STATE OF TEXAS
COUNTY OF NACOGDCCKES
. KNOW ALL MEN BY THESE PRESENTS: That we
Rhonesboro Contractors, Inc.
a (2) Texas Corporation
of Tyler, Texas hereinafter called Principal and
(3) Hanover Insurance Companies of Worcester
State of Massachusetts ^hereinafter called the Surety,
are held and firmly bourid:Unto (4) ZCARB CF REGENTS, :
STEPHEN F, AUSTIN STATE UNIVERSITY;
hereinafter called Owner, unto all persons, firms, and corpora
tions who may furnish materials for, or perform labor upon the
building or improvements hereinafter referred to in the penal sum
of Ninety Four Thousand Seven Hundred Eighty-eight and no/100
.783.00 )
in lawful money of the United States, to be paid in (5)
NACOGDOCHES COUNTY, TEXAS , for the payment of which sum
well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such
that v/hereas, the Principal entered into a certain contract with
(6) BOARD OF REGENTS, STEPHEN F. AUSTIN STATE
UNIVERSITY , the Owner,
31-47
48
dated the day of , A. D. , 19
a copy of which is hereto attached and made a part hereof for the
construction of:
NOW THEREFORE, the condition of this obligation is
such that, if the Principal shall promptly make payment to all
claimants as defined in Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 1959, effective April 27, 1959, supplying labor
and materials in the prosecution of the work provided for in said
Contract, then this obligation shall be null and void; otherwise,
it shall remain in full force and effect.
This bond is made and entered into solely for the pro
tection of all claimants supplying labor and materials in the pro
secution of the work provided for in said Contract, and all such
claimants shall have a direct right of action under the bond as
provide in Article 5160, Revised Civil Statutes, 1925, as
amended by House Bill 344, Acts 56th Legislature, Regular
Session, 1959.
PROVIDED FURTHER, that if any legal action be
filed upon this bond, venue shall lie in Nacogdoches County.
State of Texas, and that the said Surety, for value received hereby
stipulates and agrees that no change, extension of time, alteration
or addition to the terms of the Contract or to the work to be per
formed thereunder or the Specifications accompanying the same
shall in any wise affect its obligation on this bond, and it does
hereby waive notice of any change, extension of time, alteration
or addition to the terms of the Contract or to the work or to the
Specifications.
PROVIDED FURTHER, that no final settlement
between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder, whose claim may be unsatisfied.
31-48
49
IN WITNESS WHEREOF, this instrument is executed in four
counterparts, each one of which shall be deemed an original, this
the
21st day of January
ATTEST:
A.D., 19 76.
Rhonpshnrn f.
Principal ^7
(PrincipalT^ecretary
BY
Vice President
Tnr
SEAL
o
Witness as to Principal
i
(Address)
ATTEST:
(Surety) Secretary
Hanover Insurance Companies
Attorfc^-in-Fact
ohn F. Haynes
NOTE: Date of Bond must not be prior to date of Contract.
(1) Correct name of Contractor
(2) A Corporation, A Partnership or an individual, as case
may be.
(3) Correct name of Surety
(4) Correct name of Owner
(5) County or Parish and State
(6) Owner
(7) If Contractor is Partnership, all partners should
execute bond.
31-49
50
76-12
Upon motion of Regent Bryce, seconded by Regent Perkins, with all members
voting aye, it was ordered that the architectural services contract with
Kent-Marsellos-Scott for the drainage improvements to the area adjacent
to Lanana Creek be approved and the Chairman of the Board be authorized
to sign the contract.
31-50
51
CONTRACT FOR ARCHITECTURAL SERVICES
CITY OF NACOGDOCHES
THE STATE OF TEXAS
COUNTY OF NACOGDOCHES
THIS AGREEMENT made as of the Thirty First day of January in
the year Nineteen Hundred and Seventy Six and between the BOARD OF
REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES,
TEXAS acting herein by and through its President, hereinafter called the Owner,
and KENT-MARSELLOS-SCOTT, ARCHITECTS-ENGINEERS, Lufkin, Texas
hereinafter called the Architect.
WITNESSETH, whereas the Owner intends to erect on the campus of
Stephen F. Austin State University, Nacogdoches, Texas, DRAINAGE IMPROVEMENTS
TO LAND ADJACENT TO LANANA CREEK hereinafter called the Project.
NOW, THEREFORE, the Owner and the Architect for the considerations
hereinafter set forth agree as follows:
!• The Architect shall provide professional services for the Project in
accordance with the Terms and Conditions of this Agreement.
11 • The Owner shall compensate the Architect in accordance with the
Terms and Conditions of this Agreement as follows:
a) For the Architect's Basic Services, as described in Para
graph 1.1; Seven and One Half Per Cent (7.5%) for
the project construction cost; hereinafter referred to as the
Basic Rate; and such
31-51
52
other payments and reimbursements as may hereinafter
be provided, but all such payments and every payment
herein provided shall be from State Appropriations of
Sixty-Third Legislature, Regular Session,
and other funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
b) For the Architect's Additional Services as described in
Paragraph 1.3 Compensation for Principals, employees,
and consultants time as agreed upon between the Owner
and the Architect.
c) For the Architect's Reimbursable Expenses, amounts
expended as defined in Article 5.
III. The Architect and the Owner further agree to the following Terms
and Conditions:
ARTICLE 1
ARCHITECT'S SERVICES
1.1 BASIC SERVICES
The Architect's Basic Services consist of the five phases described
below and include normal structural, mechanical and electrical engi
neering services and any other services included in Article 14 as
Basic Services.
31-52
53
SCHEMATIC DESIGN PHASE
1.1.1 The Architect shall review the program furnished by the Owner to
ascertain the requirements of the Project and shall confirm such re
quirements to the Owner.
1.1.2 Based on the mutually agreed upon program, the Architect shall pro-pare
Schematic Design Studies consisting of drawings and other docu
ments illustrating the scale and relationship of Project components for
approval by the Owner.
1.1.3 The Architect shall submit to the Owner a Statement of Probable Con
struction Cost based on current area, volume or other unit costs.
DESIGN DEVELOPMENT PHASE
1.1.4 The Architect shall prepare from the approved Schematic Design Studies,
for approval by the Owner, the Design Development Documents consist
ing of drawings and other documents to fix and describe the size and
character of the entire Project as to structural, mechanical and electri
cal systems, materials and such other essentials as may be appropriate.
1.1.5 The Architect shall submit to the Owner a further Statement of Prob
able Construction Cost.
CONSTRUCTION DOCUMENTS PHASE
1.1.6 The Architect shall prepare from the approved Design Development
Documents, for approval by the Owner, Drawings and Specifications
setting forth in detail the requirements for the construction of the
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entire Project including the necessary bidding information, and shall
assist in the preparation of bidding forms, the Conditions of the Con
tract, and the form of Agreement between the Owner and the Contractor,
1.1.7 The Architect shall advise the Owner of any adjustments to previous
Statements of Probable Construction Cost indicated by changes in re
quirements or general market conditions.
1.1.8 The Architect shall assist the Owner in filing the required documents
for the approval of governmental authorities having jurisdiction over
the Project.
BIDDING OR NEGOTIATION PHASE
1.1.9 The Architect, following the Owner's approval of the Construction
Documents and of the latest Statement of Probable Construction Cost,
shall assist the Owner in obtaining bids or negotiated proposals, and
in awarding and preparing construction contracts.
CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1.1.10 The Construction Phase will commence with the award of the Construc
tion Contract and will terminate when the final Certificate for Payment
is issued to the Owner.
1.1.11 The Architect shall provide Administration of the Construction Con
tract as set forth in AIA Document A201, General Conditions of the
Contract for Construction, and the extent of his duties and respon
sibilities and the limitations of his authority as assigned thereunder
shall not be modified without his written consent.
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1.1.12 The Architect, as the representative of the Owner during the Con
struction phase, shall advise and consult with the Owner and all of
the Owner's instructions to the Contractor shall be issued through
Architect. The Architect shall have authority to act on behalf of the
Owner to the extent provided in the General Conditions unless other
wise modified in writing.
1.1.13 The Architect shall at all times have access to the Work wherever it is
in preparation or progress.
1.1.14 The Architect shall make periodic visits to the site to familiarize him
self generally with the progress and quality of the Work and to deter
mine in general if the Work is proceeding in accordance with the Con
tract Documents. On the basis of his on-site observations as an
architect, he shall endeavor to guard the Owner against defects and
deficiencies in the Work of the Contractor. The Architect shall not be
required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. The Architect shall not be respon
sible for construction means, methods, techniques, sequences or pro
cedures, or for safety precautions and programs in connection with the
Work, and he shall not be responsible for the Contractor's failure to
carry out the Work in accordance with the Contract Documents.
1.1.15 Based on such observations at the site and on the Contractor's Appli
cations for Payment, the Architect shall determine the amount owing to
the Contractor and shall issue Certificates for Payment in such amounts.
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The issuance of a Certificate for Payment shall constitute a representa
tion by the Architect to the Owner, based on the Architect's observations
at the site as provided in Subparagraph 1.1.14 and the data comprising
the Application for Payment, that the Work has progressed to the point
indicated; that to the best of the Architect's knowledge, information
and belief, the quality of the Work is in accordance with the Contr?rt
Documents (subject to an evaluation of the Work for conformance with the
Contract Documents upon Substantial Completion, to the results of any
subsequent tests required by the Contract Documents, to minor devia
tions from the Contract Documents correctable prior to completion, and
to any specific qualifications stated in the Certificate for Payment); and
that the Contractor is entitled to payment in the amount certified. By
issuing a Certificate for Payment, the Architect shall not be deemed to
represent that he has made any examination to ascertain how and for what
purpose the Contractor has used the moneys paid on account of the Con
tract Sum.
1.1.16 The Architect shall be, in the first instance, the interpreter of the re
quirements of the Contract Documents and the impartial judge of the per
formance thereunder by both the Owner and Contractor. The Architect
shall make decisions on all claims of the Owner or Contractor relating
to the execution and progress of the Work and on all other matters or
questions related thereto. The Architect's decisions in matters relating
to artistic effect shall be final if consistent with the intent of the Con
tract Documents.
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1.1.17 The Architect shall have authority to reject Work which does not con
form to the Contract Documents. Whenever, in his reasonable opinion,
he considers it necessary or advisable to insure the proper implemen
tation of the intent of the Contract Documents, he will have authority
to require special inspection or testing of any Work in accordance with
the provisions of the Contract Documents whether or not such Work be
then fabricated, installed or completed.
1.1.18 The Architect shall review and approve shop drawings, samples, and
other submission of the Contractor only for conformance with the design
concept of the Project and for compliance with the information given in
the Contract Documents.
1.1.19 The Architect shall prepare Change Orders.
1.1.20 The Architect shall conduct inspections to determine the Dates of Sub
stantial Completion and final completion, shall receive and review
written guarantees and related documents assembled by the Contractor,
and shall issue a final Certificate for Payment.
1.1.21 The Architect shall not be responsible for the acts or omissions of the
Contractor, or any Subcontractors, or any of the Contractor's or Sub
contractors1 agents or employees, or any other persons performing any
of the Work.
1.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
1.2.1 If more extensive representation at the site than is described under Sub-paragraphs
1.1.10 through 1.1.21 inclusive is required, and if the
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Owner and Architect agree, the Architect shall provide one or more
Full-Time Project Representatives to assist the Architect.
1.2.2 Such Full-Time Project Representatives shall be selected, employed
and directed by the Architect, and the Architect shall be compensated
therefor as mutually agreed between the Owner and the Architect as
set forth in an exhibit appended to this Agreement.
1.2.3 The duties, responsibilities and limitations of authority of such Full-
Time Project Representatives shall be set forth in an exhibit appended
to this Agreement.
1.2.4 Through the on-site observations by Full-Time Project Representativ
es of the Work in progress, the Architect shall endeavor to provide
further protection for the Owner against defects in the Work, but the
furnishing of such project representation shall not make the Architect
responsible for construction means, methods, techniques, sequences
or procedures, or for safety precautions and programs, or for the
Contractor's failure to perform the Work in accordance with the Con
tract Documents.
1.3 ADDITIONAL SERVICES
The following Services shall be provided when authorized in writing
by the Owner, and they shall be paid for by the Owner as hereinbefore
provided.
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1.3.1 Providing analyses of the Owner's needs, and programming the re
quirements of the Project.
1.3.2 Providing financial feasibility or other special studies.
1.3.3 Providing planning surveys, site evaluations, environmental studies
or comparative studies of prospective sites.
1.3.4 Providing design services relative to future facilities, systems and
equipment which are not intended to be constructed as part of the
Project.
1.3.5 Providing services to investigate existing conditions or facilities or to
make measured drawings thereof, or to verify the accuracy of drawings
or other information furnished by the Owner.
1.3.6 Providing Detailed Estimates of Construction Cost or detailed quantity
surveys or inventories of material, equipment and labor.
1.3.7 Providing services for planning tenant or rental spaces.
1.3.8 Making revisions in Drawings, Specifications or other documents
when such revisions are inconsistent with written approvals or in
structions previously given and are due to causes beyond the control
of the Architect.
1.3.9 Making investigations involving detailed appraisals and valuations of
existing facilities, and surveys or inventories required in connection
with construction performed by the Owner.
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1.3.10 Providing consultation concerning replacement of any Work damaged
by fire or other cause during construction, and furnishing profess
ional services of the type set forth in Paragraph 1.1 as may be required
in connection with the replacement of such Work.
1.3.11 Providing professional services made necessary by the default of the
Contractor or by major defects in the Work of the Contractor in the
performance of the Construction Contract.
1.3.12 Providing extensive assistance in the utilization of any equipment or
system such as initial start-up or testing, adjusting and balancing,
preparation of operation and maintenance manuals, training personnel
for operation and maintenance, and consultation during operation.
1.3.13 Preparing to serve or serving as an expert witness in connection with
any public hearing, arbitration proceeding or legal proceeding.
1.3.14 Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for
the Project.
1.3.15 Providing any other services not otherwise included in this Agree
ment or not customarily furnished in accordance with generally accept
ed architectural practice.
ARTICLE 2
THE OWNER'S RESPONSIBILITIES
2.1 The Owner shall provide full information, including a complete pro
gram, regarding his requirements for the Project.
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2.2 The Owner shall designate, when necessary, a representative author
ized to act in his behalf with respect to the Project. The Owner shall
examine documents submitted by the Architect and shall render de
cisions pertaining thereto promptly, to avoid unreasonable delay in
the progress of the Architect's services.
2.3 • The Owner shall furnish a certified land survey of the site giving, as
applicable, grades and lines of streets, alleys, pavements and adjoin
ing property; rights-of-way, restrictions, easements, encroachments,
zoning, deed restrictions, boundaries and contours of the site; locations,
dimensions and complete data pertaining to existing buildings, other
improvements and trees; and full information concerning available
service and utility lines both public and private, above and below
grade, including inverts and depths.
2.4 The Owner shall furnish the services of a soils engineer or other con
sultant when such services are deemed necessary by the Architect, in
cluding reports, test borings, test pits, soil bearing values, percola
tion tests, air and water pollution tests, ground corrosion and resistiv
ity tests and other necessary operations for determining subsoil, air
and water conditions, with appropriate professional recommendations.
2.5 The Owner shall furnish structural, mechanical, chemical and other
laboratory tests, inspections and reports as required by law or the
Contract Documents.
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2.6 The Owner shall furnish such legal, accounting, and insurance coun
seling services as may be necessary for the Project, and such audit
ing services as he may require to ascertain how or for what purposes
the Contractor has used the moneys paid to him under the Construction
Contract.
2.7 The services, information, surveys and reports required by Para
graphs 2.3 through 2.6 inclusive shall be furnished at the Owner's
expense, and the Architect shall be entitled to rely upon the accuracy
and completeness thereof.
2.8 If the Owner becomes aware of any default or defect in the Project or
non-conformance with the Contract Documents, he shall give prompt
written notice thereof to the Architect.
2.9 The Owner shall furnish information required of him as expeditiously
as necessary for the orderly progress of the Work.
ARTICLE 3
CONSTRUCTION COST
3.1 If the Construction Cost is to be used as the basis for determining the
Architect's Compensation for Basic Services, it shall be the total cost
or estimated cost to the Owner of all Work designed or specified by the
Architect. The Construction Cost shall be determined as follows, with
precedence in the order listed:
3.1.1 For completed construction, the cost of all such Work, including costs
of managing construction;
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3.1.2 For Work not constructed, (1) the lowest bona fide bid received from
a qualified bidder for any or ail of such Work; or (2) if the Work is
not bid, the bona fide negotiated proposal submitted for any or all of
such Work; or
3.1.3 For Work for which no such bid or proposal is received, (1) the latest
Detailed Estimate of Construction Cost if one is available, or (2) the
latest Statement of Probable Construction Cost.
3.2 Construction Cost does not include the compensation of the Architect
and his consultants, the cost of the land, rights-of-way, or other costs
which are the responsibility of the Owner as provided in Paragraphs
2.3 through 2.6 inclusive.
3.3 The cost of labor, materials and equipment furnished by the Owner for
the Project shall be included in the Construction Cost at current market
rates including a reasonable allowance for overhead and profit.
3.4 Statement of Probable Construction Cost and Detailed Cost Estimates
prepared by the Architect represent his best judgment as a design
professional familiar with the construction industry. It is recognized,
however, that neither the Architect nor the Owner has any control over
the cost of labor, materials or equipment, over the contractors' methods
of determining bid prices, or over competitive bidding or market con
ditions. Accordingly, the Architect cannot and does not guarantee that
bids will not vary from any Statement of Probable Construction Cost or
other cost estimate prepared by him.
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3 .5 When a fixed limit of Construction Cost is established as a condition of
this Agreement, it shall be in writing signed by the parties and shall
include a bidding contingency of ten percent unless another amount is
agreed upon in writing. When such a fixed limit is established, the
Architect shall be permitted to determine what materials, equipment,
component systems and types of construction are to be included in the
Contract Documents, and to make reasonable adjustments in the scope
of the Project to bring it within the fixed limit. The architect may also
include in the Contract Documents alternate bids to adjust the Construc
tion Cost to the fixed limit.
3.5.1 If the Bidding or Negotiating Phase has not commenced within six months
after the Architect submits the Construction Documents to the Owner,
any fixed limit of Construction Cost established as a condition of this
Agreement shall be adjusted to reflect any change in the general level
of prices which may have occurred in the construction industry for the
area in which the Project is located. The adjustment shall reflect changes
between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
3.5.2 When a fixed limit of Construction Cost, including the Bidding contin
gency (adjusted as provided in Subparagraph 3.5.1, if applicable) ,
is established as a condition of this Agreement and is exceeded by the
lowest bona fide bid or negotiated proposal, the Detailed Estimate of
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Construction Cost or the Statement of Probable Construction cost, the
. Owner shall (1) give written approval of an increase in such fixed
limit, within a reasonable time, or (2) cooperate in revising the Pro
ject scope and quality as required to reduce the Probable Construction
Cost. In the case of (2) the Architect, without additional charge, shall
modify the Drawings and Specifications as necessary to bring the Con
struction Cost within the fixed limit. The providing of such service
shall be the limit of the Architect's responsibility in this regard, and
having done so, the Architect shall be entitled to compensation in accord
ance with this Agreement.
ARTICLE 4
DIRECT PERSONNEL EXPENSE
Direct Personnel Expense is defined as the salaries of professional,
technical and clerical employees engaged on the Project by the Architect,
and the cost of their mandatory and customary benefits such as statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions
and similar benefits.
ARTICLE 5
REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are in addition to the Compensation for Basic
and Additional Services and include actual expenditures made by the
Architect, his employees, or his professional consultants in the interest
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of the Project for the expenses listed in the following Subparagraphs:
5.1.1 Fees paid for securing approval of authorities having jurisdiction over
the Project.
5.1.2 Expense of reproductions, postage and handling of Drawings and Speci
fications excluding duplicate sets at the completion of each Phase for
the Owner's review and approval,
5.1.3 Expense of computer time when used in connection with Additional
Services.
ARTICLE 6
PAYMENTS TO THE ARCHITECT
6.1 Payments on account of the Architect's Basic Services shall be made as
follows:
6.1.1 Payments for Basic Services shall be made in proportion to services
performed so that the compensation at the completion of each Phase,
except when the compensation is on the basis of a Multiple of Direct
Personnel Expense, shall equal the following percentages of the total
Basic Compensation:
Schematic Design 15%
Design Development Phase 35%
Construction Documents Phase 75%
Bidding or Negotiation Phase 80%
Construction Phase 100%
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6.2 Payments for Additional Services of the Architect as defined in Para
graph 1.3, and for Reimbursable Expenses as defined in Article 5,
shall be made monthly upon presentation of the Architect's statement of
services rendered.
6.3 No deductions shall be made from the Architect's compensation on ac
count of penalty, liquidated damages, or other sums withheld from
payments to contractors.
6.4 If the Project is abandoned in whole or in part, the Architect shall be
paid his compensation for services performed prior to receipt of written
notice from the Owner of such suspension or abandonment, together
with Reimbursable Expenses then due and all termination expenses as
defined in Paragraph 8.3 resulting from such suspension or abandon
ment .
6.5 Payments due the Architect under this Agreement shall bear interest at
the legal rate commencing sixty days after the date of billing.
ARTICLE 7
ARCHITECT'S ACCOUNTING RECORDS
Records of Reimbursable Expenses and expenses pertaining to Addi
tional Services on the Project and for services performed on the basis
of a Multiple of Direct Personnel Expense shall be kept on a generally
recognized accounting basis and shall be available to the Owner or
his authorized representative at mutually convenient times.
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ARTICLE 8
TERMINATION OF AGREEMENT
8.1 This Agreement may be terminated by either party upon seven days'
written notice should the other party fail substantially to perform in
accordance with its terms through no fault of the party initiating the
termination.
8.2 In the event of termination due to the fault of parties other than the
Architect, the Architect shall be paid his compensation for services
performed to termination date, including Reimbursable Expenses then
due and all termination expenses.
8.3 Termination Expenses are defined as Reimbursable Expenses directly
attributable to termination, plus an amount computed as a percentage
of the total compensation earned to the time of termination, as follows:
20 percent if termination occurs during the Schematic
Design Phase; or
10 percent if termination occurs during the Design De
velopment Phase; or
5 percent if termination occurs during any subsequent
phase.
ARTICLE 9
OWNERSHIP OF DOCUMENTS
Drawings and Specifications as instruments of service are and shall
remain the property of the Architect whether the Project for which they
are made is executed or not. They are not to be used by the Owner on
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other projects or extensions to this Project except by agreement in
writing and with appropriate compensation to the Architect.
ARTICLE 10
SUCCESSORS AND ASSIGNS
The Owner and the Architect each binds himself, his partners,
successors, assigns and legal representatives to the other party to
this Agreement and to the partners, successors, assigns and legal
representatives of such other party with respect to all covenants of
this Agreement. Neither the Owner nor the Architect shall assign,
sublet or transfer his interest in this Agreement without the written
consent of the other.
ARTICLE 11
ARBITRATION
11.1 All claims, disputes and other matters in question between the parties
to this Agreement, arising out of, or relating to this Agreement or the
breach thereof, shall be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration
Association then obtaining unless the parties mutually agree otherwise,
No arbitration, arising out of, or relating to this Agreement, shall
include, by consolidation, joinder or in any other manner, any addi
tional party not a party to this Agreement except by written consent
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containing a specific reference to this Agreement and signed by all
the parties hereto. Any consent to arbitration involving an addi
tional party or parties shall not constitute consent to arbitration of
any dispute not described therein or with any party not named or
described therein. This Agreement to arbitrate and any agreement
to arbitrate with an additional party or parties duly consented to by
the parties hereto shall be specifically enforceable under the pre
vailing arbitration law.
11.2 Notice of the demand for arbitration shall be filed in writing with
the other party to this Agreement and with the American Arbitra
tion Association. The demand shall be made within a reasonable time
after the claim, dispute or other matter in question has arisen. In
no event shall the demand for arbitration be made after the date
when institution of legal or equitable proceedings based on such claim,
dispute or other matter in question would be barred by the applicable
statute of limitations.
11.3 The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court
having jurisdiction thereof.
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ARTICLE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement
between the Owner and the Architect and supersedes all prior
negotiations, representations or agreements, either written or
oral. This Agreement may be amended only by written instrument
signed by both Owner and Architect.
ARTICLE 13
GOVERNING LAW
Unless otherwise specified, this Agreement shall be governed by
the law of the principal place of business of the Architect.
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NUMBER OR COUNTERPART COPIES
This Contract is executed in four counterparts.
IN WITNESS WHEREOF the parties hereto have made and executed this
Agreement, the day and year first above written.
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
President of the Board
ATTEST:
Secretary
KENT, MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
By -'
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76-13
Upon motion of Regent Cullum, seconded by Regent Powers, with all members
voting aye, it was ordered that the contract with McCoy Construction
Company, Tyler, Texas, for $85,430.50 for drainage improvements to the
Coliseum parking lot be approved and the Chairman of the Board be autho
rized to sign the contract. Source of funds: Pledged Property Surplus.
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CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
THIS AGREEMENT, made this the 31st day of January, 1976, by and
between the BOARD O£ REGENTS, STEPHEN F\_ AUSTIN STATE UNIVERSITY, NACOG
DOCHES, TEXAS, acting herein through its President, hereinafter called
"Owner11 and McCOY CONSTRUCTION COMPANY, TYLER, TEXAS, hereinafter called
"Contractor."
WITNESSETH, that the Contractor and the Owner for the considerations
hereinafter named agree as follows:
1. The Contractor agrees to provide all of the materials, furnish the
labor, and do all things necessary to complete fully all of the
work shown on the Drawings and described in the Specifications en
titled STORM DRAINAGE IMPROVEMENTS, COLISEUM PARKING LOT AND LAND
BETWEEN DORMITORIES 3 AND 14 of STEPHEN F. AUSTIN STATE UNIVERSITY,
NACOGDOCHES, TEXAS prepared by the University Physical Plants De
partment; and shall do everything required by this Agreement, the
"General Conditions" of this Contract, the Drawings and the Specifi
cations.
2. The "General Conditions" of the Contract, the "Supplementary Con
ditions," the Drawings and the Specifications, together with this
Agreement, form the Contract, and they are as fully a part of the
Contract as if hereto attached or herein repeated. The following
is an enumeration of the Specifications and Drawings:
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Drawings and Specifications entitled "STORM DRAINAGE IMPROVEMENTS,
COLISEUM PARKING LOT AND LAND BETWEEN DORMITORIES 3 AND 14 OF
STEPHEN F. AUSTIN STATE UNIVERSITY, NACOGDOCHES, TEXAS/1
sheet and section numbers as listed in Paragraph 1.1 of "Supple
mentary Conditions;"
1. This Contract is to cover the General Contract Work com
plete. The said Drawings, and each and all of said Speci
fications and "General Conditions" are made a part of this
Agreement for all intents and purposes; provided that if any
thing in the said "General Conditions" of the Contract is in
conflict with this Agreement shall control and govern.
2. The work called for and included in this Agreement is to be
done under the direction of the University Resident Engineer,
Mr. Ray Greene, and his determination of the true meaning
and proper construction of the Specifications shall be con
sidered as final.
3. The work to be performed under this Contract shall be commenced
on or before a date to be specified in a written "Work Order",
and shall be fully completed within one hundred twenty (120)
consecutive calendar days as stipulated in the specifications.
The Contractor further agrees to pay as liquidated damages
the sum of $100.00 per day for each consecutive calendar day
thereafter the work remains unfinished as specified in Para
graph 1.32 of "Supplementary Conditions" and in Proposal.
If the Contractor pursues completion of the work by the stated
time, and if there is unusual weather which delays completion,
the Owner will give due consideration to those things in asses-
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sing liquidated damages.
4. The Owner shall pay the Contractor for the performance of
the Contract, subject to additions and deductions provided
herein, EIGHTY FIVE THOUSAND FOUR HUNDRED THIRTY DOLLARS
AND FIFTY CENTS ($85,430.50) out of Pledged Property Sur
pluses available to the Owner for expenditure for the use
and benefit of Stephen F. Austin State University.
The basis of the above contract price is as follows:
Base Bid - $85,430.50
The Owner shall make payment on account of the Contract as provided
therein as follows: On or about the fifteenth of each month ninety
percent (90%) of the value, based on the Contract Price of labor and
materials incorporated in the work and of materials suitably stored
at the site thereof up to the first day of that month, as estimated
by the Engineer, less the aggregate of previous payments; and upon sub
stantial completion of the entire work, a sum sufficient to increase the
total payments to ninety percent (90%) of the Contract Price provided
satisfactory evidence is furnished that all payrolls, material bills and
other indebtedness connected with the work have been paid. Final payment
shall be due thirty days after substantial completion of the work pro
vided the work be then fully completed and the Contract fully performed.
Upon receipt of written notice that the work is ready for final inspec
tion and acceptance, the Engineer shall promptly make such inspection,
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and when he finds the work acceptable under the Contract and the Contract
fully performed he shall promptly issue a Final Certificate, over his
own signature, stating that the work provided for in this Contract* has
been completed and is acceptable to him under the terms and conditions
thereof, and that the entire balance found to be due the Contractor, and
noted in the Final Certificate is due and payable. Before issuance of
Final Certificate the Contractor shall submit evidence satisfactory to
the Architect that all payrolls, material bills and other indebtedness
connected with the work have been paid.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100% of Contract Price; on form
to be furnished by University, with sureties acceptable to the
Owner, conditioned:
1. That Contractor shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all costs
and damages which may be suffered by reason of failure to
do so, and fully reimburse and repay Owner all outlay and
expense which Owner may incur in making good any default.
2. That Contractor shall pay all persons who have contracts
directly with Contractor for labor and materials save which
persons shall have a direct action against Contractor and
the surety on his bond, subject to Owner's priority.
Surety Companies shall be on approved list of U. S.
Treasury Department of Companies holding Certificates of
Authority from the Secretary of the Treasury under the Act
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of Congress Approved July 30, 1957, as Acceptable Sureties
on Federal Bonds11 and within the Underwriting limitations
listed therein for any single risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th Legis
lature, Regular Session, 1959, effective April 27, 1959.
6. The Contractor shall effect, pay for and maintain during the life
of this Contract insurance acceptable to the Owner, conforming
to the following schedule:
a) Compensation and Employer1s Liability Insurance:
As required by the laws of the State of Texas; Employer1s
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance and Automobile
Liability Insurance: In an amount not less than $300,000.00
for injuries, including personal injury or accidental death
to any one person, and subject to the same limit on account
of one occurrence; Property Damage Insurance in an amount
not less than $100,000.00 each occurrence; $300,000.00 aggre
gate.
c) Include Broad Form Property Damage Insurance. Remove !fXCUtf
Exclusions (Explosion, collapse, underground property damage),
Include damage to underground wiring, conduits, piping.
d) Contractual Liability Insurance: As applicable to the Con
tractors obligations under Paragraph 4.18 of "General Con
di tions." The Contractor shall obtain at his expense Owner's
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Protective Liability Insurance Policy naming the Owner
and the Architect/Engineer as insured with the following
limits:
1, Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for one
year after completion of work.
f) Before commencement of operations hereunder, Contractor
shall furnish to the Architect, photostatic copies of the
above mentioned insurance policies, together with a certifi
cate from the insurance carrier that the insurance will not
be cancelled or permitted to lapse until fifteen (15) days
written notice of said impending cancellation has been given
to the Owner.
7. RISK: The work is entirely at the Contractor's risk until it is
accepted by the Owner and the Contractor will be held liable for
its safety to the amount of money paid by the Owner on account of
same.
The Contractor shall be financially responsible for any damage to
the project and any finished surfaces and shall repair or replace
any such damage to the satisfaction of the Engineer and the Owner.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free and
31-79
80
clear of all liens and claims for labor furnished or materials
used and other indebtedness whatsoever.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials:
Labor, Equipment, and
Other Expenses $ 27,930.50
Materials $ 57,500.00
IN WITNESS WHEREOF, the parties of these presents have executed
this Contract in five (5) counterparts, each of which shall be deemed
an original in the year and day first above mentioned.
BOARD OF REGENTS
SEAL STEPHEN F. AUSTIN STATE UNIVERSITY
By By
McCOY CONSTRUCTION COMPANY
SEAL
ROUTE 7, BOX 535, TYLER, TEXAS 75701
By By
31-80
81
76-14
Upon motion of Regent Bryce, seconded by Regent Powers, with all members
voting aye, it was ordered that the 1976-77 room and board rates be ap
proved as listed on the following page.
31-81
82
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas
ROOM AND BOARD RATES FOR 1976-77
partment rent includes utilities, television cable (except Faculty Apartments); ex
udes telephone except in the Garner Anartments (#19) which has the Centrex system.
r Accounting Purposes Only:
crease over 1975-76 - average of 6%
31-82
83
76-15
Upon motion of Recent Cull urn, seconded by Regent Wright, with all members
voting aye, it was ordered that the University be authorized to make
repairs and renovations to various dormitories during the summer of 1976,
and to pay the costs, not to exceed $200,000.00 from the 1962 and 1965
Bond System Repair and Replacement Sinking Funds established for the pur
pose.
76-16
Upon motion of Regent Justice, seconded by Regent Cullum, with all members
voting aye, it was ordered that the following statement be adopted con
cerning vacation and sick leave:
In keeping with long-established policy, the vacation
and sick leave regulations of Stephen F. Austin State
University are those listed in the current Appropriations
Bill with the following clarifications: (1) vacation
time accrues only for persons employed half-time (i.e. 20
hours per week) or more on a twelve months1 basis, and
(2) sick leave is earned only by persons who are employed
half-time or more.
76-17
Upon motion of Regent firay, seconded by Regent Bryce, with all members
voting aye, it was ordered that the University be authorized to seek approval
of the Coordinating Board for the construction of a greenhouse as a part of
the agriculture complex. (The proposed greenhouse will contain 5,200 square
feet and the estimated cost is $180,700.)
76-18
Upon motion of Regent Perkins, seconded by Regent Bryce, with all members
voting aye, it was ordered that the University Library Building be named
the RALPH W. STEEN LIBRARY, and the University be authorized to appropriately
arrange the building's identification based upon the architectural recom
mendations so as to complete the project in time for a dedication of the
building in conjunction with the annual meeting of the Board of Regents.
76-19
Upon motion of Regent Bryce, seconded by Regent Wright, with all members
voting aye, it was ordered that the Board accept for Stephen F. Austin State
University the gift of a collection of cut glass from President R. W. Steen,
and that the University be authorized to provide a proper display and pre
servation thereof in the Department of Home Economics Building.
31-83
84
Upon motion of Regent Bryce, seconded by Regent Powers, with all members votinj
aye, it was ordered that the following curriculum items, approved by the Uni
versity Undergraduate and Graduate Curriculum Committees, be approved:
COURSES ADDED: (Curriculum Committee)
Department and Number
Agriculture 346
Agriculture/Forestry 434
Applied Arts & Sciences 101
Chemistry/Forestry 425
Economics 321
Elementary Education 121
Elementary Education 488
Management 472
Physics 118
Physics 335
Physics 336
Physics 347
Title
Agrostology
Soil Fertility
Elementary Typewriting
Wood Chemistry
Economics of Recreational
Business Development
Introduction to Teaching
Bilingual/Bicultural
Education
Industrial Engineering
for Management
Musical Acoustics
Radiation Physics
Reactor Physics
Mathematical Applications
in Physics
Hours
Credit
2
3
3
4
3
2
3
4
4
3
3
COURSES TO BE REVISED: (Curriculum Committee)
Department and
Number
*Agriculture 448
Office Administration
447
Sociology 451
Title and Credit
New
No. New Title and Credit
Range Management (3) 448 Range Management (3)
Executive Communica- 447 Organizational Communi-tions
(3) cation (3)
Social Stratification 451 Social Inequalities (3)
(3)
COURSES TO BE DELETED: (Curriculum Committee)
Department and Number
Bible 120
Bible 211
Bible 233
Title and Credit
Comparative Religion (3)
Bible Teaching on Marriage
and the Home (2)
The Life of Paul (3)
*Same as Forestry 448.
31-84
COURSES TO BE DELETED (Continued)
85
Department and Number
Bible 315
Bible 353
Bible 359
Elementary Education 101
Elementary Education 201
Geology 310
Physics 241
Physics 242
Physics 301
Physics 334
Physics 410
Physics 411
Sociology 361
Sociology 490
Title and Credit
The Gospel and Epistle of
John (3)
Job (1)
Prophets (3)
Elementary Education I (1)
Elementary Education II (2)
Astrogeology (3)
Technical Physics I (4)
Technical Physics II (4)
Descriptive Astronomy (3)
Modern Physics II (3)
Introduction of Project
Physics (4)
Laboratory and Demonstration
Experiments in Physics (4)
Industrial Sociology (3)
Teaching High School Sociology
(3)
COURSES ADDED: (Graduate Council)
Department and Number
Agriculture 461
Computer Science 441
Elementary Education 488G
Elementary Education 544
Elementary Education 562
Elementary Education 570
English 403
English 411
Geology 524
Geology 532
Office Administration 530
Sociology 466
Title
Hours
Credit
Chemical Control of Weeds 3
Principles of Systems Pro- 3
gramming
Bilingual/Bicultural Education 3
Individualizing Science 3
Instruction
Advanced Practicum in Kinder- 3
garten
Compensatory Education 3
Medieval British Literature 3
Teaching English as a Foreign 3
Language
Earth Science Workshop for 4
Teachers
Geophysical Exploration 3
Seminar in Business Communication 3
Theory
Social Planning 3
31-85
COURSES TO BE REVISED: (Graduate Council)
86
Department and
Number
Accounting 531
Philosophy 453
Political Science 502
Secondary Education 560
Sociology 451
Title and Credit
International Dimen
sions of Account
ing and Taxation (3)
Nineteenth and Twen
tieth Century Phi
losophy (3)
Seminar in Compara
tive European
Governments (3)
Visual Literacy (3)
Social Stratification
(3)
New
No,
531
453
502
560
451
New Title and Credit
Profit Planning and
Control in Inter
national Business
Operation (3)
Contemporary Philosophy
(3)
Seminar in Comparative
Governments (3)
Educational Media
Resources, and
Production (3)
Social Inequalities (3)
COURSES TO BE DELETED: (Graduate Council)
Department and Number
Philosophy 451
Philosophy 453
Philosophy 470
*Sociology 465
Sociology 490
Title and Credit
Theories of Knowledge (3)
Contemporary Philosophy (3)
Problems and Topics (3)
Methods in Social Research (3)
Teaching High School Sociology (3)
*Deleted for graduate credit only.
31-86
87
The meeting adjourned at 12:45 p.m.
C. G. Haas
Secretary
31-87

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MINUTES OF Board of Regents of Stephen F. Austin State University VOLUME NO. 31 January 31, 1976 Nacogdoches, Texas INDEX Minutes of the Meeting Stephen F. Austin State University Board of Regents held in Dallas, Texas VOLUME NO. 31 January 31, 1976 Page 76- 1 Approval of Minutes of October 25, 1975 31-2 76- 2 Faculty and Staff Appointments 31-2 76-3 Resignations 31-3 76-4 Changes in Status 31-3 76- 5 Promotions 31-5 76- 6 Retirements 31-5 76- 7 Authorization for Budget Adjustments (1975-76) 31-6 76- 8 Approval of Contract - Security Building 31-6 76-9 Approval of Change Orders 31-24 76-10 Approval of Contract - Science Building Renovations 31-24 76-11 Approval of Contract - Drainage Improvements 31-34 76-12 Agreement for Architectural Services 31-50 76-13 Approval of Contract - Drainage Improvements to Coliseum Parking Lot 31-73 76-14 Approval of 1976-77 Room and Board Rates 31-81 76-15 Authorization to Make Repairs and Renovations to Dormitories 31-83 76-16 Adoption of Vacation and Sick Leave Policy 31-83 76-17 Authorization to Seek Approval of Coordinating Board for Construction of Greenhouse 31-83 76-18 Naming of University Library 31-83 76-19 Acceptance of Collection of Cut Glass 31-83 76-20 Approval of Curriculum Changes 31-84 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY HELD IN DALLAS, TEXAS January 31, 1976 The meeting was called to order by Walter C. Todd, Chairman of the Board of Regents, at 10:00 a.m. January 31, 1976. PRESENT: Members: Walter C. Todd of Dallas Robert C. Gray of Austin Peggy Wedgeworth Wright of Nacogdoches Homer Bryce of Henderson James I. Perkins of Rusk Mrs. George Cullum, Jr. of Dallas Glenn Justice of Dallas Ernest Powers of Carthage ABSENT: Joe Bob Golden of Jasper PRESENT: C. G. Haas, Secretary of the Board Dr. R. W. Steen, President of the University 76-1 Upon motion of Regent Perkins, seconded by Regent Wright, with all members voting aye, xt was ordered that the minutes of the mefting of October 25 1975, be approved. ' 76-2 Upon motion of Regent Perkins, seconded by Regent Gray, with all members voting aye, it was ordered that the following individuals be employed for the positions, dates, and salaries indicated: 1. Applied Arts and Sciences Ms. Shirley E. Rose, 39, Ed.D. (University of Houston), Visiting Pro fessor (25-0 time) of Applied Arts and Sciences at a salary rate of $1,000 for the Spring Semester, 1976. 2. School of Forestry Mr Billy J. Earley, 40, L.L.B. (University of Texas), Lecturer (25% 1976 ^1F0restiy at a salary rate of ^»5°0 ^r the Spring Semester, Mr. Lowell K. Halls, 58, M.S. (Texas ASM University), Lecturer (25% time) m Forestry at a salary rate of $1,500 for the Spring Semester, 1976, only. ' Mr. Chris Bob LeDoux, 26, M.S. (Oregon State University) Instructor of Forestry at a salary rate of $6,000 for the Spring Semes ter, 1976, only. 3. Student Affairs Division Ms. Evelyn M. Burkhead, 34, Secretary, Director of University Center 1976 SS rate °f $6'3°° f°r tW6lVe months' effective January 1, Mr. Gary C. Wilson, 26, Games Area Manager, University Center at a salary rate of $5,900 for twelve months, effective January 1, 1976. Ms Susan K. Scoles, 22, Craft Shop Manager, University Center, at a salary rate of $7,200 for twelve months, effective January 14, 1976. 4. Intercollegiate Athletics Mr. Charles Simmons, 44, M.Ed. (Stephen F. Austin State University) Athletic Director and Head Coach at a salary rate of $23,000 for twelve months, effective January 8, 1976. 5. University Computer Center 31-2 Ms. Sarah ,J. Thomas, 23, B.S. (Stephen I'. Austin State University), Protfr.'immer, University Computer Center, at n snlary rate of ,$9,200 for twelve months, effective October 20, 1975. 76-3 Upon motion of Regent Perkins, seconded by Regent Wright, with all mem bers voting aye, it was ordered that the following resignations be ac cepted: 1. Department of English and Philosophy Ms. Annette S. Dawson, Instructor of English, effective December 31, 1975. Ms. Dawson has completed her temporary contract. Ms. Melissa M. Freeman, Instructor of English, effective December 31, 1975. Ms. Freemen has completed her temporary contract. 2. Department of Home Economics Ms. Carolyn S. Voigtel, Nursery School Assistant (50% time), ef fective December 31, 1975. Ms. Voigtel resigned for personal reasons. 3. Student Affairs Division Dr. Robert Carroll, University Physician, effective December 31, 1975. Dr. Carroll is going into private practice. Ms. Dianne M. Clark, Secretary, Director of University Center, ef fective January 1, 1976. Ms. Clark is moving to Midland. Ms. Janice W. King, Student Development Secretary, effective January 5, 1976. Ms. King is resigning for personal reasons. Ms. Heather L. White, Craft Shop Manager, University Center, ef fective January 29, 1976. Ms. White is moving to Houston. 4. University Computer Center Ms. Charlene P. Mangham, Programmer, University Computer Center, effective September 30, 1975. Ms. Mangham was married during the summer and moved away from Nacogdoches. 5. Physical Plant Mr. Arthur A. Bates, Landscape Planning Foreman, effective August 1, 1975. Mr. Bates has accepted employment elsewhere. 76-4 Upon motion of Regent Justice, seconded by Regent Powers, with all members voting aye, it was ordered that the following changes in status be approved: 31-3 1. Department of Computer Science Mr. Fred H. Fisher, from Manager of Operations in University Com puter Center to Instructor of Computer Science (50% time) and Manager of User Services in University Computer Center (50% time! 1976 ^ ^^ °f $17'50° f°r tW6lVe m0"thS' effective January 12, 2. School of Forestry Dr. William T. McGrath, Associate Professor of Forestry, from a salary rate of $14,750 for nine months to $15,750 for nine months to adjust to authorized minimum Associate Professor faculty rate. Mr. Ronald D. Montgomery, from Graduate Teaching Assistant in forestry to Graduate Interne in Forestry at a salary rate of $9 000 for nine months for the Spring Semester, 1976, only. 3. Department of History Dr. Robert S. Maxwell, Professor and Head, Department of Historv, to extend his present 75% assignment through the Spring Semester,' 1976, to allow Dr. Maxwell continued participation in the NEH sponsored project and the Forest History Society to write a Bicen tennial History of the American Forests and Forestry. 4. Department of Sociology Dr. Joy B. Reeves, from Assistant Professor of Sociology (50% Y^V at f Salary rate of $7>2S0 t0 Assistant Professor Sociology (50-o time) and Administrative Interne (50% time) at a salary rate of $14,500 for the Spring Semester, 1976, only. 5. University Computer Center Mr. Billy J. Click, from Acting Director of University Computer Center at a salary rate of $22,000 for twelve months to Director of University Computer Center at a salary rate of $23,000 for twelve months, effective January 1, 1976. Mr. Ben P. Covin, from Systems Analyst at a salary rate of $12 300 7a IZ f m°nthS t0 Manager of Operations at a salary rate of ' 14,200 for twelve months, effective January 13, 1976. 6. Physical Plant Mr. Carroll Joseph Bonnette, from hourly employee as an electrician, to an electrical crew foreman, effective November 25, 1975 at a salary rate of $11,750 for twelve months. 31-4 76-5 Upon motion of Regent Perkins, seconded by Regent Powers, with all mem bers voting aye, it was ordered that the following promotions be approved: 1. Department of Sociology Dr. Richard P. Hurzeler, from Instructor to Assistant Professor Dr. Connie L. Spreadbury, from Instructor to Assistant Professor of Sociology at a salary rate of $13,750 for nine months, effective Spring Semester, 1976. (Dr. Hurzeler and Dr. Spreadbury have com pleted all work toward the Ph.D. degree and have been recommended by their dean and department head.) 76-6 voting" °f Re*ent/ei*inus> seconded by Regent Cullum, with all members voting aye, it was ordered that the following retirements be accepted: 1. Department of Modern Languages f M0.C>0 Materials y the Owner, with or without notice to the Surety, ami, if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. NOW, THEREFORE, if the Principal shall repair any and all defects in said work occasioned by and resulting from defects in materials furnished by, or workmanship of the Principal in performing the work covered by said Contract, occurring within a period of twelve (12) months from the date of the Contract Completion Certificate, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond venue shall lie in Nacogdoches County, State of Texas and that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or* to the Specifications. PROVIDED, HOWnVHR, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the S()th Legislature, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length. IN WITNfiSS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the Seventh day of November , A. D. 19 75 . ATTEST: R. G. MUCKLEROY, JR«., CONTRACTOR Principal (Pr ine i pa 1 ) Secretary tr c/S.f as to Principal 31-19 AT'H.ST: 20 **A D«pe»lt Co, of M£« Surety (Si j r c { y ) Sec r e I a r y , BY: Wi t doss ;is to Surety AiKI r'ess APPROVED AS TO FORM: ATTORNEY GENERAL OF TEXAS BY: Assistant Attorney General NOTIi: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, A Partnership or an individual, as case may be. (7>) Correct name of Surety (4) Correct name of Owner (5) County of Parish and State (()) Owner (7) If Contractor is Partnership, all partners should execute bond. 31-20 21 IVVYMIiNT BOND (Tu \)c used in Texas a s required by (,'hapter {YT> of \\w Regular Session of the .Sot h Legislature of Texas) Tin; :;tati; oi- COUNTY ()!•' Nacogdoches KNOW ALL M!;N BY TllliSli PRESENTS: That we (1) R* G* MUCKLEROY, JR., CONTRACTOR an individual of Nacogdoches, Texas hereinafter called Principal and (3) Fidelity and Deposit Co. of Maryland »f" Houston , State of ?«>**« hereinafter c.-illed the Surety, are held and firmly bound unto (4) Stephen F# Austin State University of Nacogdoches, Texas , BOARD OF REGENTS. hereinafter en 1 Icd Owner, unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of °ne Hundred Twenty Three Thousand, Nine Hundred Fifty Five and 12/100 DOLLARS ($ 121tQSq^12 ) in lawful money of the United States, to be paid in (5) iW > for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Till- CONDTTTON OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with (6) Stephen F« Austin State University BOAHD OF REGENTS. , the Owner, datlT the Seventh day of November , A. D. 19 7? , a copy of which is hereto attached and made a part hereof for the construction of: University Security Building 31-21 22 NOW, Tlir.Klil;()UI-., I h such that, if I In- I'r i \\r i >.i 1 '.li.i I I prompt \y j/i;jIm! payment to ;i 1 1 claimant*; as defined in Article* M (>() Revised Civil Statute's of Texas, 192T>, as amended by House Hill 344, Acts S(>th Legislature, Regular Session, 1959, effective April 27, 1!>!>(.), supplying labor and matcriaJs in the prosecution of the work provided for in said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond is made and entered into sc^ely for the protection of all claimants supplying labor and materials in the prosectuion of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160, Revised Civil Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959. PROVTDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Nacogodches County, State of Texas, and that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications PUOVIDl-l) rtJRTIII'R, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall be deemed an original, this the Seventh day of November , A. D. , 19 75- ATTHST: R. G. MUCKLEROY, JR., CONTRACTOR Principal '(Principal) Secretary BJ )V^V , j'Vj.LL^Mjc. ^^-'"A^ SEAL Add rcss 31-22 .23 ATTI.M . ( St11*c^t y ) Secretary Wi t nrss ;is to Surety Fidelity and •posit Co* of M4< Surety BY: APPROVED AS TO FORM: ATTORNEY GENERAL OF TEXAS Add ress BY: Assistant Attorney General NOTE: Date of Bond must not be prior to date of Contract. (1) Correct name of Contractor (2) A Corporation, A Partnership or an individual, as case may be. (3) Correct name of Surety M) Correct name of Owner (M County of Parish and State ('(>) Owner (7) If Contractor is Partnership, all partners should execute bond. 31-23 24 76-9 Upon motion of Regent Cullum, seconded by Regent Justice, with all members voting aye, it was ordered that the following Change Orders be approved and the Chairman of the Board be authorized to sign them. 1. Change Order No. 1 - Shelton Gym Renovation + $io 475 35 2. Change Order No. 4 - Tennis Courts, Streets and ' Parking Lots + $ 2,981.66 76-10 voting °tf Regent,Gra^ seconded ^ Regent Bryce, with all members voting aye, it was ordered that the contract with Mechanical Specialty Inc Houston Texas, for $201,898.00 covering the base bid and alternates £ 3 Vand Board be authorized0^ ^ ^T^ BUildlng be appr°Ved and the Chairman °* the Board be authorized to sign the contract. Source of funds: Sixty-fourth legislature appropriations. y TOUTZn 31-24 25 CONTRACT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NACOGDOCHES THIS AGREEMENT, made this the Thirty First day of January, 1?7